[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Rules and Regulations]
[Page 54007-54008]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se08-26]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 12
[FAC 2005-27; FAR Case 2007-022; Item VII; Docket 2008-0001; Sequence
13]
RIN 9000-AL03
Federal Acquisition Regulation; FAR Case 2007-022, Subcontractor
Requests for Bonds
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to clarify that the
clause ``Prospective Subcontractor Requests for Bonds'' does not apply
to commercial items.
DATES: Effective Date: September 17, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Jackson, Procurement
Analyst, at (202) 208-4949 for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-27, FAR case
2007-022.
SUPPLEMENTARY INFORMATION:
A. Background
The FAR clause at FAR 52.228-12, Prospective Subcontractor Requests
for Bonds, implemented Section 806(a)(3) of Public Law 102-190, as
amended, which specifies that, upon the request of a prospective
subcontractor or supplier offering to furnish labor or material for the
performance of a construction contract for which a payment bond has
been furnished to the United States pursuant to the Miller Act, the
contractor shall promptly provide a copy of such payment bond to the
requestor. In conjunction with performance bonds, payment bonds are
used in Government construction contracts to secure fulfillment of the
contractor's obligations under the contract and to assure that the
contractor makes all payments, as required by law, to persons
furnishing labor or material in performance of the contract. The FAR
clause at 52.228-12, which has an effective date of October 1, 1995,
reflects the addition of Section 806(a)(3) of Pub L. 102-190, as
amended by Sections 2091 and 8105 of Pub. L. 103-355, at FAR 12.503(a)
and 12.504(a). When the implementation of FAR 28.106-4 occurred, the
appropriate incorporation of the FAR clause at 52.228-12, Prospective
Subcontractor Requests for Bonds, was accomplished, but not the
incorporation of the associated statutory citation in FAR 12.503 and
12.504.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Pub. L. 98-577, and publication for public
comments is not required. However, the Councils will consider comments
from small entities concerning the affected FAR Part 12 in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 601, et seq. (FAC 2005-27, FAR case
2007-022), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Part 12
Government procurement.
Dated: September 9, 2008.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 12 as set forth below:
PART 12--ACQUISITION OF COMMERCIAL ITEMS
0
1. The authority citation for 48 CFR part 12 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
0
2. Amend section 12.503 by revising the section heading and adding
paragraph (a)(7) to read as follows:
[[Page 54008]]
12.503 Applicability of certain laws to Executive agency contracts
for the acquisition of commercial items.
(a) * * *
(7) Section 806(a)(3) of Pub. L. 102-190, as amended by Sections
2091 and 8105 of Pub. L. 103-355, Payment Protections for
Subcontractors and Suppliers (see 28.106-6).
* * * * *
0
3. Amend section 12.504 by adding paragraph (a)(13) to read as follows:
12.504 Applicability of certain laws to subcontracts for the
acquisition of commercial items.
(a) * * *
(13) Section 806(a)(3) of Pub. L. 102-190, as amended by Sections
2091 and 8105 of Pub. L. 103-355, Payment Protections for
Subcontractors and Suppliers (see 28.106-6).
* * * * *
[FR Doc. E8-21381 Filed 9-16-08; 8:45 am]
BILLING CODE 6820-EP-S